The Supreme Court had in September 2021, upheld the decision of the Central government to make retrospective changes to the appointment order of Director of Enforcement Directorate (ED), Sanjay Kumar Mishra by which his tenure was increased from two years to three years.
The Bench of Justices L Nageswara Rao and BR Gavai had held that the Central government has powers to make retrospective changes but it should be done in the rarest of rare cases.
Importantly, in that judgment the top court had clarified that any extension of tenure granted to persons holding the post of Director of Enforcement after attaining the age of superannuation should be for a short period.
It should be done only in rare and exceptional cases and a reasonable period of extension can be granted to facilitate the completion of ongoing investigations only after reasons are recorded by the Committee constituted under Section 25 (a) of the CVC Act, the Court had underscored.
Pertinently, the Court had also said that tenure of Sanjay Kumar Mishra which was set to expire, cannot be extended further.
Source: Barandbench
